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High Court of Gujarat

DINESHBHAI SUKHABHAI SABARIYAversusSTATE OF GUJARAT

Disposal
44-PARTLY ALLOWED @ FH

Holding

The court granted temporary bail for 7 days on a personal bond with specific conditions.

Summary

The applicant, Dineshbhai Sukhbai Sabariya, filed a criminal miscellaneous application seeking temporary bail for 30 days on the ground of financial assistance to his family. The Additional Public Prosecutor waived service of notice on behalf of the State. The court noted that the applicant had been in custody since November 2024 but his jail conduct was satisfactory. Exercising its discretion, the court granted temporary bail for a period of 7 days upon the applicant furnishing a personal bond of Rs.10,000 and complying with conditions to appear before the Thangadh police station on specified days, not threaten witnesses, and surrender after the bail period. The order was made absolute, allowing direct service of the rule.

Issues considered

  • What is the appropriate discretion of the court in granting temporary bail on the ground of financial hardship and satisfactory jail conduct?
  • Should the applicant be released on temporary bail with conditions despite the waiver of notice service?

Subjects

temporary bailcriminal procedurebail conditionsfinancial hardshipjail conduct

Judgment

     R/CR.MA/10569/2026                          ORDER DATED: 05/05/2026




     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD


     R/CRIMINAL MISC. APPLICATION (FOR TEMPORARY
                 BAIL) NO. 10569 of 2026

================================================
            DINESHBHAI SUKHABHAI SABARIYA
                         Versus
                STATE OF GUJARAT & ANR.
================================================
Appearance:
MS GAYATRIBA B JADEJA(5152) for the Applicant(s) No. 1
MR BHARGAV PANDYA, APP for the Respondent(s) No. 1
================================================

CORAM:HONOURABLE MR.JUSTICE P. M. RAVAL

                          Date : 05/05/2026

                           ORAL ORDER


1.      Present application has been filed by the applicant seeking
temporary bail for 30 days on the ground of financial assistance to
his family.


2.      Rule. Learned Additional Public Prosecutor waives service
of notice of rule on behalf of the respondent – State.


3.      Having heard and considering the averments made in the
application, more particularly, the ground mentioned therein, as
well as considering the jail remarks which indicate that the
applicant is never released after his arrest in November 2024 and

                               Page 1 of 2
           R/CR.MA/10569/2026                                                             ORDER DATED: 05/05/2026




    that, his jail conduct appears to be satisfactory, this Court is
    inclined to exercise discretion in favour of the present applicant.


    4.         The application, therefore, succeeds and is allowed in part.
    The applicant is ordered to be released on temporary bail for a
    period of 7 days from the date of his actual release on his
    furnishing a personal bond of Rs.10,000/- (Rupees Ten Thousand)
    to the satisfaction of the concerned jail authority on usual terms
    and with a further condition that the applicant shall mark
    presence before the Thangadh police station on 2nd, 4th and 6th
    day and that the applicant shall not threaten the witnesses and
    thereby, shall not misuse his liberty and that, he shall surrender to
    the jail authority on expiry of the temporary bail period forthwith.


    4.1        Rule is made absolute accordingly.                                           Direct service is
    permitted.


                                                                                               [ P. M. Raval, J. ]
    hiren/7tss5526




Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: HIREN VIRENDRABHAI MER(HC00351), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 05/05/2026 15:00:59



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